Terms of Service

Eligibility

This Terms of Service (“Agreement”) governs the relationship between you and BarMate HK (“Us” or “We”) regarding your use of BarMate (“Application”). Use of the Application is also governed by the Privacy Policy which is incorporated herein by reference. By using the Application, you agree to be bound by the terms of this Agreement and the Privacy Policy. If you do not accept and agree to be bound by the terms of this Agreement and the Privacy Policy, do not use the Application.

In order to use the Application, you must be at least 18 years of age. You hereby certify you are at least 18 years of age. If you are under 18, do not use the Application.

Depending on the version of the Application you have downloaded, these App Terms incorporate Apple’s or Google Android’s terms and conditions and privacy policies (“Platform Terms”). If there is any conflict between these App Terms and the Platform Terms then these App Terms will prevail.

We may from time to time vary these App Terms. Please check these App Terms regularly to ensure you are aware of any variations made by us. If you continue to use this App, you are deemed to have accepted such variations. If you do not agree to such variations, you should not use the App.

Account Creation

In order to use the Application, you are required to sign in via Facebook or email. By signing in, you authorize us to access certain Facebook account information, including but not limited to your public Facebook profile, your Facebook email address, your Facebook pictures, your Facebook friends list, and information of Facebook friends that you want to add to your group. You shall not have more than one account at any given time. You shall not create an account with false information or identity. You further agree not to transfer your account to someone else.

If you have been previously removed or banned by us, you shall not use the Application.

Proprietary Rights and License

You must be at least 18 years of age to use the App.

All trademarks, copyright, and other intellectual property rights of any nature in the Application together with the underlying software code are owned by us. Other trademarks, service marks, graphics and logos used in connection with the App are the trademarks of their respective owners (collectively “Third Party Trademarks”). The BarMate Trademarks and Third Party Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of BarMate or the applicable trademark holder. The App and the content featured in the App are protected by copyright, trademark, patent and other intellectual property and proprietary rights which are reserved to BarMate and its licensors.

We hereby grant you a non-exclusive, non-transferable, revocable license to use the Application for your own non-commercial use in accordance with this Agreement. You agree not to use the Application for any other purpose.

You acknowledge that where you use services provided by Apple or Google (or any other third parties) in connection with your use of the App, you will be subject to Apple’s, Google’s (or the applicable third party’s) terms and conditions and privacy policy and you should ensure that you have read such terms.

In the event of your breach of these App Terms we will be entitled to terminate the User Licence immediately.

Applicable Laws and Regulations

You hereby agree to observe and abide by applicable laws and regulations when using the Application. You agree you will not use the Application for any criminal intent or unlawful purposes.

Licence Limitations

Under any circumstances, you agree you WILL NOT:

  • Attempt to gain unauthorized access to other accounts registered to other users
  • Disrupt or overburden the servers used to service the Application
  • Upload virus or other malicious code
  • Reverse engineer, decompile or attempt to derive the source code of the Application
  • Use the Application for any commercial purposes
  • Use the Application for any unlawful purposes

Limitation of Liability

In no event will we be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of any kind arising out of your use of or access to the Application. This term shall survive any termination of this Agreement.

Nothing in this Agreement shall exclude or limit our liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.

All Information is for your general reference or use pursuant to any licence separately granted by us only. We do not accept any responsibility whatsoever in respect of such Information.

Disclaimer of Warranties

Application is provided on an “as is” and “as available” basis for your use, without warranties of any kind, express or implied. We do not warrant that you will be able to access or use the service at the times or locations of your choosing; that the service will be uninterrupted; that the service will be error-free; that defects and bugs will be corrected; or that the Application are free of viruses or other harmful components; or that any information that you transmit in connection with this App will be successfully, accurately or securely transmitted.

Indemnity

You agree to defend, indemnify and hold BarMate HK, its subsidiaries and affiliates, and their officers, directors, employees, representatives and agents harmless from and against any claims, actions, demands, liabilities, costs, judgments, and settlements, including without limitation, reasonable legal fees resulting from or alleged to result from your use of the Application.

We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. You will not make any settlement that may adversely affect our rights or obligations without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defence and control of any claim or action.

Term and Termination

We may limit, suspend, terminate, modify or delete accounts at any time with or without notice if we suspect you are breaching the terms of this Agreement.

We reserve the right to terminate any account that has been inactive for 180 days.

We reserve the right to terminate part of or all of the Application services at any time. In such event, we shall not be required to provide refunds, benefits or other compensation to you in connection to such termination.

This agreement will remain in full force and effect while you use the Application and/or have a BarMate account. You may delete your account by emailing us at info@barmate.hk

Amendment

This Agreement is subject to change by us at any time. We will notify you of any changes to the Agreement by posting the new Terms of Service here and informing you via our website or in-app notifications. You are advised to consult this Agreement regularly for any changes, as continued use is deemed approval of all changes.

Governing Law and Jurisdiction

These Terms of Use shall be governed by the law of the Hong Kong Special Administrative Region of the People’s Republic of China. You agree to submit to the exclusive jurisdiction of the Hong Kong Court.

Miscellaneous

No waiver of any breach under these Terms of Use will amount to a waiver of any other breach. The headings in these Terms of Use are for convenience only and do not affect interpretation.

If any provision (or part of a provision) of these App Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

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